A Philosophy Of Criminal Attempts
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Author | : Bebhinn Donnelly-Lazarov |
Publisher | : Cambridge University Press |
Total Pages | : 253 |
Release | : 2015-04-30 |
Genre | : Law |
ISBN | : 110702983X |
Extends and adapts G. E. M. Anscombe's philosophy to reveal attempting as a subjective species of intentional action. Locates criminal attempts therein.
Author | : Bebhinn Donnelly-Lazarov |
Publisher | : Cambridge University Press |
Total Pages | : 253 |
Release | : 2015-04-30 |
Genre | : Law |
ISBN | : 1316298493 |
An investigation of criminal attempts unearths some of the most fundamental, intriguing and perplexing questions about criminal law and its place in human action. When does attempting begin? What is the relationship between attempting and intending? Do we always attempt the possible and, if so, possible to whom? Does attempting involve action and does action involve attempting? Is my attempt fixed by me or can another perspective reveal what it is? How 'much' action is needed for an attempt, how 'much' intention is needed and can these matters be decided categorically? Bebhinn Donnelly-Lazarov's answers to these questions will interest criminal law theorists, philosophers and lawyers or law reformers, who encounter the mixed practical and philosophical phenomenon of attempting. Inspired by G. E. M. Anscombe's philosophy, Part I examines attempting generally and its relationship with intention, action subjectivity, and possibility. From the conclusions reached, Part II proposes a specific theory of criminal attempts.
Author | : John Deigh |
Publisher | : Oxford University Press |
Total Pages | : 540 |
Release | : 2011-09-22 |
Genre | : Law |
ISBN | : 0195314859 |
This title contains 17 original essays by leading thinkers in the field and covers the field's major topics including limits to criminalization, obscenity and hate speech, blackmail, the law of rape, attempts, accomplice liability, causation responsibility, justification and excuse, duress, and more.
Author | : Gideon Yaffe |
Publisher | : OUP Oxford |
Total Pages | : 360 |
Release | : 2012-11-29 |
Genre | : Philosophy |
ISBN | : 0191642231 |
Gideon Yaffe presents a ground-breaking work which demonstrates the importance of philosophy of action for the law. Many people are serving sentences not for completing crimes, but for trying to. So the law governing attempted crimes is of practical as well as theoretical importance. Questions arising in the adjudication of attempts intersect with questions in the philosophy of action, such as what intention a person must have, if any, and what a person must do, if anything, to be trying to act. Yaffe offers solutions to the difficult problems courts face in the adjudication of attempted crimes. He argues that the problems courts face admit of principled solution through reflection either on what it is to try to do something; or on what evidence is required for someone to be shown to have tried to do something; or on what sentence for an attempt is fair given the close relation between attempts and completions. The book argues that to try to do something is to be committed by one's intention to each of the components of success and to be guided by those commitments. Recognizing the implications of this simple and plausible position helps us to identify principled grounds on which the courts ought to distinguish between defendants charged with attempted crimes.
Author | : Antony Duff |
Publisher | : Wiley-Blackwell |
Total Pages | : 219 |
Release | : 1990-01 |
Genre | : Philosophy |
ISBN | : 9780631153122 |
Author | : David Polizzi |
Publisher | : Policy Press |
Total Pages | : 104 |
Release | : 2016 |
Genre | : Philosophy |
ISBN | : 1447327322 |
This book situates the social construction of crime and criminal behaviour within the philosophical context of phenomenology and explores how these constructions inform, and justify, the policies employed to address them. It is essential reading for academics and students interested in social theory and theories of criminology.
Author | : Bruce A. Arrigo |
Publisher | : University of Illinois Press |
Total Pages | : 307 |
Release | : 2010-10-01 |
Genre | : Social Science |
ISBN | : 0252090411 |
Philosophy, Crime, and Criminology represents the first systematic attempt to unpack the philosophical foundations of crime in Western culture. Utilizing the insights of ontology, epistemology, aesthetics, and ethics, contributors demonstrate how the reality of crime is informed by a number of implicit assumptions about the human condition and unstated values about civil society. Charting a provocative and original direction, editors Bruce A. Arrigo and Christopher R. Williams couple theoretically oriented chapters with those centered on application and case study. In doing so, they develop an insightful, sensible, and accessible approach for a philosophical criminology in step with the political and economic challenges of the twenty-first century. Revealing the ways in which philosophical conceits inform prevailing conceptions of crime, Philosophy, Crime, and Criminology is required reading for any serious student or scholar concerned with crime and its impact on society and in our lives.
Author | : H. L. A. Hart |
Publisher | : OUP Oxford |
Total Pages | : 651 |
Release | : 2008-03-06 |
Genre | : Law |
ISBN | : 0191021776 |
This classic collection of essays, first published in 1968, has had an enduring impact on academic and public debates about criminal responsibility and criminal punishment. Forty years on, its arguments are as powerful as ever. H.L.A. Hart offers an alternative to retributive thinking about criminal punishment that nevertheless preserves the central distinction between guilt and innocence. He also provides an account of criminal responsibility that links the distinction between guilt and innocence closely to the ideal of the rule of law, and thereby attempts to by-pass unnerving debates about free will and determinism. Always engaged with live issues of law and public policy, Hart makes difficult philosophical puzzles accessible and immediate to a wide range of readers. For this new edition, otherwise a reproduction of the original, John Gardner adds an introduction engaging critically with Hart's arguments, and explaining the continuing importance of Hart's ideas in spite of the intervening revival of retributive thinking in both academic and policy circles. Unavailable for ten years, the new edition of Punishment and Responsibility makes available again the central text in the field for a new generation of academics, students and professionals engaged in criminal justice and penal policy.
Author | : Smith Simester |
Publisher | : Oxford University Press on Demand |
Total Pages | : 280 |
Release | : 1996 |
Genre | : Language Arts & Disciplines |
ISBN | : 9780198260578 |
This volume draws together essays, from a number of leading authorities, which identify areas of the modern criminal law where there are significant conceptual difficulties. The subjects covered include justification, excuses, coercion complicity, drug-dealing and criminal harm.
Author | : Larry Alexander |
Publisher | : Cambridge University Press |
Total Pages | : 375 |
Release | : 2009-03-23 |
Genre | : Law |
ISBN | : 0521518776 |
This book presents a comprehensive theory of a culpability-based criminal law.